S2136

An Act concerning job postings and supplementing Title 34 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. An employer or third-party job posting company who publicly advertises a job posting shall include in the posting:

(1) a statement disclosing whether the posting is for an existing vacancy or not, and if the posting is for an existing vacancy, an estimated timeframe of when the position will be filled, or, if the posting is not for an existing vacancy, a disclaimer that there is not an existing vacancy, provided that the posting and disclaimer shall not be permitted unless the employer has, within the preceding 12 months, listed the same position not less than three times or hired not less than six employees for similar roles, and provided further that the posting and disclaimer shall expire after 90 days and the posting shall be removed; and

(2) any other information relating to the position as deemed appropriate by the Commissioner of Labor and Workforce Development.

b. For job postings that are for existing job vacancies, employers and third-party job posting companies shall comply with the following requirements:

(1) When a position for which an employer has publicly advertised has been filled, the employer shall remove any posting or advertisement made by the employer within two weeks of the position having been filled or within 30 days of the original posting, whichever is later. If the employer is aware or should reasonably be aware that a third-party job posting company posted the position independently of the employer, the employer shall notify the third-party company that the position has been filled.

(2) If a third-party job posting company knows or has reason to know that a post for a particular position has been filled or has otherwise expired, the third-party job posting company shall remove the post within two weeks of the date it knows or has reason to know of the position being filled or within 30 days of the original posting, whichever is later.

c. If an employer conducts an interview with an applicant for a publicly advertised job posting for an existing job vacancy, the employer shall, within the timeframe provided in the job advertisement, provide the applicant with an affirmative response as to whether the position has been filled, or if the position has not been filled, whether the employer is still considering the applicant for the position. If the employer notifies the applicant that the applicant is still in consideration for the position, the employer shall provide the applicant with an estimated timeframe of when the employer will make a final decision as to the position.

d. The Department of Labor and Workforce Development shall have the authority to conduct audits of employer and third-party job posting company practices to determine ongoing violations of this act. Any person aggrieved by a violation of this act may report the violation to the department.

e. Any employer or third-party job posting company violating any of the provisions of this act shall be liable to a penalty of not more than $300 for a first offense, and not more than $600 for a subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each week that a job advertisement is posted in violation of this act shall constitute a separate and distinct violation, except during the time an appeal from the summary proceeding may be taken or is pending.

f. The commissioner shall adopt and promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to effectuate the purposes of this act.

g. For the purposes of this section:

(1) A position shall be regarded as filled on the first day that a selected candidate begins the performance of job duties under the terms of employment.

(2) “Interview” means a formal or informal meeting or conversation between an employer or representative of the employer and a job applicant that is conducted with the intention of assessing the candidate’s qualifications, skill, or suitability for a specific position, provided that “interview” does not include preliminary screenings or assessments of information about a job applicant, including information submitted by the applicant, which is conducted by human resources personnel or other representatives of the employer solely to verify basic qualifications or interest in the position or to determine whether to interview the applicant.

2. This act shall take effect immediately.

STATEMENT

This bill requires an employer to include in any posting for a publicly advertised job, information concerning whether the posting is for an existing, vacant position, and remove a job posting when a position has been filled within two weeks after the position being filled or 30 days after the original posting, whichever is later.

If the posting is for a position which is vacant, the employer is required to provide an estimated timeframe of when the position will be filled. If the employer interviews an applicant for the position, the employer is required, within the timeframe provided in the job advertisement, to provide the applicant with an affirmative response as to whether the position has been filled, or if the position has not been filled, whether the employer is still considering the applicant for the position. The employer is required to give notice that the position has been filled to any third-party job posting company that also posted the vacant position.

If the posting is for a position which is not vacant, the employer is required to include a disclaimer that there is no existing vacancy. Such a posting and disclaimer is not allowed unless the employer has, in the preceding 12 months, listed the same position at least three times or hired not less than six employees for similar roles. The posting and disclaimer shall expire after 90 days and be removed.

The bill also requires third-party job posting companies to remove postings for positions that have been filled, and provides the Department of Labor and Workforce Development with the authority to audit employers and third-party job posting companies for ongoing violations. Any person who violates the provisions of the bill will be subject to civil penalties.